ДРУШТВЕНА ШТЕТНОСТ И ДРУШТВЕНА ОПАСНОСТ КРИВИЧНОГ ДЕЛА
SOCIAL HARMFULNESS AND SOCIAL DANGER OF CRIMINAL OFFENCE

Summary/Abstract: The substantive element of unlawfulness is made out of social harmfulness of a criminal offence. The notion "social danger of criminal offence", on the other hand, is aimed at the future, and is outside the framework of substantive element of unlawfulness. Social danger in terms of criminal offence is a composite notion consisting out of objective and subjective elements. These elements are analyzed in the article in order to come at a formula of social danger of criminal offence. In the conclusions it is stated that social harmfulness of criminal offence enters the general notion of the criminal offence as a substantive element of unlawfulness. The social danger, as a hypothetical possibility of bringing about a domage, does not enter into the general notion of the criminal offence, but its significance for both theory and practice of criminal law remains to be great.

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